Preview
FILED: OSWEGO COUNTY CLERK 10/21/2021 01:54 PM INDEX NO. EFC-2020-1599
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/21/2021
AFFIDAVf TOF FACTS AND PURCHASE OF ACCOUNT BY
DEBT BUYER PLAINTIFF (Debt Buyer Actions)
The undersiped, being duly swom, deposes and says:
l. I am an authorized represenative ofLVNV Funding LLC ('Phintifl") and I haw access to Phintifs books and
records ("Business Records"), inebding electonic records, relathg to the account ("Accout") ofDoma.I Whaley. The
hst fow digits ofthe Account mrrber are 1856. In my position, I aho haw personal knowledg of Phintiffs procedures
for creating and maintaining its Business Records, inebdingits procedues rehthg to the pachase and assipment of
consumer credit accounts. Phitiffs Business Records were made in the reguhr course ofbusiness and it was the regphr
course ofsuch business to make the Business Records. The Business Records were made at or rear the time ofthe
events necorded. Based on rny knowledy of Phiotiffs Business Records, I have persoml knowledg ofthe facts set
forlh in this affidavit.
2. On or about 04/25/2019, Phintiffpurchased or was assigned the Account fromShernan Orighator LLC (the
'Purchase"). At that time, Shermm Originator LLC assigned at ofits interest in the Account, inebdingthe right to any
proceeds fromtle Account, to PhintifE As part ofthe Purchase, Business Records rehthg to the Accomt were
transfened to PhhtifE Following the Purchase, those Business Records were mainlained in tle ordinary course of
Phintiffs business.
3. As set forthin the affdavit(s) of WebBank, Bluestem Brands, Inc., Sarsander Consurrer USA, Shernan
Originator LLC and ShernanOriginator III LLC, submitted herewith, the complete chain oftitle, with the date on or
abo11 whih each sale orassignment ofthe Accountoccured, follows·
is as
WebBank 4/19/2019
Bluestem Brands, Inc. 4/25/2019
Santander Consumer USA 4/25/2019
Sherman Originator III LLC 4/25/2019
Sherman Originator LLC 4/25/2019
4. At this time, Defendant owes $4,268.23 on the Accout. This amout hchdes the charge-offbahnce of$4,268.23,
post-charp-offinterest of$0.00, and post-charge-offfees and charges of$0.00, less post-charge-offeredits or
payments nude by or on behalfofthe Defimdart of$0.00.
WHEREFORE, deponers demmds judgnent aginst Deferriart for $4,268.23, together with the costs and
disbursements ofthis action.
The above statenergs are true and COlTect10 the best ofmy personal .
H Wallis pu m
STATEDWENT BY LICENSED NOTARY 8 L \G
STATE OF SOUlE CAROUNA
COUNTY OF GREENVILLE )
This instrument was swom and subscribed before ne on the 27th day of September, 2 y Heidi Wallis, an
Authorized Representative ofLVNV Funding LLC.
Notary Public
My Commission Expires:
lgl|1111111M15151|lllll|11111111lllilllill
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FILED: OSWEGO COUNTY CLERK 10/21/2021 01:54 PM INDEX NO. EFC-2020-1599
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/21/2021
CERTIFICATE OF CONFORMITY
I T ler Dolahin an attornev-at-law admitted to JraCtice
in the State of South Carolina and fully acquainted with the laws
of the State of South Carolina pertaining to the acknowledgement
or proof of deeds of real property to be recorded therein, do
hereby certify that I am duly qualified to make this certificate
of conformity and that the acknowledgement or proof upon the
affidavits of merit were taken by Arlah Klugh, notary public in
the State of South Carolina, in the manner prescribed by the laws
of the State of South Carolina and conforms to the laws thereof in
all respects.
IN WITNESS WHEREOF, I have hereunto set my signature, on
September 27, 2021.
TylkDolphin
Attorn at Law, State of South Carolina
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FILED: OSWEGO COUNTY CLERK 10/21/2021 01:54 PM INDEX NO. EFC-2020-1599
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/21/2021
FINGERHUT SCUSA RECEIVABLES
EXHIBIT F
BILL OF SALE OF ORIGINAL CREDITOR OR ACQUIRER (WEBBANK)
FOR VALUE RECEIVED, and subject to the terms and conditions of the-Charged-
Off Account Furchase Agreement (*Accomt Purchase Agremd") between WebBank ("Bank")
and Bluestem Brands, inc., dated fanüâry 10, 2013, Bank does ligreby transfer, assign and convey
to Sluestem Brands, Inc,, as of the date hereof aÚ right, title and interest of Bank in an.d to those
certain Charged-Off Accounts described in Schedule 1 attaéhed hereto end made a part hereof for
all puiposes. Terms. used herein shall have the nïeanings set forth in the Acc.ount Purchase
Agreement.
This BILL OF SALE is executed without recourse and without representation of any
warranty oftollectability or otherwise,·expmseed or implied,
Dated this 1 day of April, 2019.
WEBBANK
By: .
Nam : Jon Sargent
Title: Controller
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FILED: OSWEGO COUNTY CLERK 10/21/2021 01:54 PM INDEX NO. EFC-2020-1599
& S
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/21/2021
STANDARDFHUT- SCUS
A(Sherman)
SCHEDULE 1 TO BILL OF SALE OF ORIGINAL CREDITOR
ACCOUNTS SCHEDULE
The is‡di.S Pumhased Ae:==ts tea½ are described in the final electronic files named
SHER_FHTSCUSA-FHT_20190424_123438 and delivered by WebBank to Bluestem on or about April
19, 2019, the same deemed attached hereto by this reference.
Page 13
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FILED: OSWEGO COUNTY CLERK 10/21/2021 01:54 PM INDEX NO. EFC-2020-1599
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/21/2021
- FHUT- SCUSA
STANDARD (Shermsa)
EXHIBIT B
ASSIGNMENT AND BILL OF SALE
Bluestem Brands, Inc. (for itself and as agent for Santander Comumer USA Inc., collectively
"§glleer") has entered into a Purchase Agreement ("Aareement") dated February 28 for the sale of accounts
and associated receivables, described in Schedule 1 hereto ("Purchased Accounts"), to Sherman Originator
III LLC ("Buyer") upon the terms and conditions set forth in that Agmet.
This ASSIGNMENT AND BILL OF SALE is for the Purchased Accounts, as further described in
Schedule I which is hemby included by reference, delivered by Seller to Buyer on April 25, 2019, with a
Closing Date of April 25, 2019.
NOW, THEREFORE, for good and valuable consideration, Seller hereby sells, assigns and
transfers to Buyer all rights, title and interest in each and every one of the Purchased Accounts described
in the Agreement.
This ASSIGNMENT AND BILL OF SALE is executed without recourse or warranties except as
stated and provided for herein and within the Agreement. All of the infemation contained in Seller's
Accounts Information (a) constitutes Seller's own business records regarding the Purchased Accounts and
(b) accurately reflects in all material respects the information about the Purchased Accounts in Seller's
possession. All of Seller's Accounts Information has been kept in the regular course of Seller's business,
And was made or compiled at or near the time of the event and recorded by (or from information transmitted
by) a person (i) with knowledge of the data entered into and maintained in Seller's business records or (ii)
$vho caused the data to be entered into and maintained in Seller's business records. It is the regular practice
of Seller's business to maintain and compile such data.
IN WITNESS WHEREOF, Seller has signed and delivered this instrument on the April 25, 2019.
Seller: Bluestem Brands, Inc.
7075 Flying Cloud Dr
Eden Prairie, MN 55344
By:
Rick J. Winship
SVP, Credit Operations, Credit.M t
Santander Consumer USA Inc.
By: Bluestem Brands, Inc., as agent
By:
Rick J. Winship
SVP, Credit Operations, Credit Management
Page 8 3
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FILED: OSWEGO COUNTY CLERK 10/21/2021 01:54 PM INDEX NO. EFC-2020-1599
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/21/2021
STANDARDFHUT- SCUSA
(Shaman)
SCHEDULE 1 TO ASSIGNMENT AND BILL OF SALE
ACCOUNTS SCHEDULE
The individual Purchased Accounts transferred are described in the final electronic files named
SHER_FHTSCUSA_FHT_20190424_123438 and delivered by the Seller to Buyer on or about April 25,
2019, the same deemed attached hereto by this refue.
h
Page 4
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FILED: OSWEGO COUNTY CLERK 10/21/2021 01:54 PM INDEX NO. EFC-2020-1599
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/21/2021
Transfer and Assignment
Sherman Originator III LLC ("SOLLC III"), without recourse, to the extent permitted by
applicable law, hereby transfers, sells, assigns, conveys, grants and delivers to Sherman
Originator LLC ("SOLLC") all of its right, title and interest in and to the receivables and other
assets (the "Assets") identified on Exhibit A, in the Receivable File dated April 25, 2019
delivered by Sañtâñder Consumer USA on April 25, 2019 for purchase by SOLLC III on April
25, 2019. The transfer of the Assets included electronically stored business records.
SOLLC, subsequent to the above mentioned transfer, hereby transfers, sells, assigns, conveys,
grants and delivers to LVNV Funding LLC ("LVNV"), the above mentioned Assets. The transfer
of the Assets included electronically stored business records.
Dated: April 25, 2019 Sherman Originator III LLC
a Delaware Limited Liability C mpany
By:
N : Jon M
Titl : Director
Dated: April 25, 2019 Sherman Originator LLC
a Delaware Limited Liability Company
By:
e: Jackson Walker
itle: Authorized Representative
Dated: April 25, 2019 LVNV Funding LLC
a Delaware Limited Liability Company
By
Name: Daniel Picciano
Title: Authorized Representative
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FILED: OSWEGO COUNTY CLERK 10/21/2021 01:54 PM INDEX NO. EFC-2020-1599
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/21/2021
Exhibit A
Receivables File
04.25.19 SHER_FHTSCUSA_FHT_20190424_123438
Transfer Group Portfolio Transfer Batch
585260 35286 N/A
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Preview
FILED: OSWEGO COUNTY CLERK 10/21/2021 01:54 PM INDEX NO. EFC-2020-1599 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/21/2021 AFFIDAVf TOF FACTS AND PURCHASE OF ACCOUNT BY DEBT BUYER PLAINTIFF (Debt Buyer Actions) The undersiped, being duly swom, deposes and says: l. I am an authorized represenative ofLVNV Funding LLC ('Phintifl") and I haw access to Phintifs books and records ("Business Records"), inebding electonic records, relathg to the account ("Accout") ofDoma.I Whaley. The hst fow digits ofthe Account mrrber are 1856. In my position, I aho haw personal knowledg of Phintiffs procedures for creating and maintaining its Business Records, inebdingits procedues rehthg to the pachase and assipment of consumer credit accounts. Phitiffs Business Records were made in the reguhr course ofbusiness and it was the regphr course ofsuch business to make the Business Records. The Business Records were made at or rear the time ofthe events necorded. Based on rny knowledy of Phiotiffs Business Records, I have persoml knowledg ofthe facts set forlh in this affidavit. 2. On or about 04/25/2019, Phintiffpurchased or was assigned the Account fromShernan Orighator LLC (the 'Purchase"). At that time, Shermm Originator LLC assigned at ofits interest in the Account, inebdingthe right to any proceeds fromtle Account, to PhintifE As part ofthe Purchase, Business Records rehthg to the Accomt were transfened to PhhtifE Following the Purchase, those Business Records were mainlained in tle ordinary course of Phintiffs business. 3. As set forthin the affdavit(s) of WebBank, Bluestem Brands, Inc., Sarsander Consurrer USA, Shernan Originator LLC and ShernanOriginator III LLC, submitted herewith, the complete chain oftitle, with the date on or abo11 whih each sale orassignment ofthe Accountoccured, follows· is as WebBank 4/19/2019 Bluestem Brands, Inc. 4/25/2019 Santander Consumer USA 4/25/2019 Sherman Originator III LLC 4/25/2019 Sherman Originator LLC 4/25/2019 4. At this time, Defendant owes $4,268.23 on the Accout. This amout hchdes the charge-offbahnce of$4,268.23, post-charp-offinterest of$0.00, and post-charge-offfees and charges of$0.00, less post-charge-offeredits or payments nude by or on behalfofthe Defimdart of$0.00. WHEREFORE, deponers demmds judgnent aginst Deferriart for $4,268.23, together with the costs and disbursements ofthis action. The above statenergs are true and COlTect10 the best ofmy personal . H Wallis pu m STATEDWENT BY LICENSED NOTARY 8 L \G STATE OF SOUlE CAROUNA COUNTY OF GREENVILLE ) This instrument was swom and subscribed before ne on the 27th day of September, 2 y Heidi Wallis, an Authorized Representative ofLVNV Funding LLC. Notary Public My Commission Expires: lgl|1111111M15151|lllll|11111111lllilllill 1 of 8 FILED: OSWEGO COUNTY CLERK 10/21/2021 01:54 PM INDEX NO. EFC-2020-1599 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/21/2021 CERTIFICATE OF CONFORMITY I T ler Dolahin an attornev-at-law admitted to JraCtice in the State of South Carolina and fully acquainted with the laws of the State of South Carolina pertaining to the acknowledgement or proof of deeds of real property to be recorded therein, do hereby certify that I am duly qualified to make this certificate of conformity and that the acknowledgement or proof upon the affidavits of merit were taken by Arlah Klugh, notary public in the State of South Carolina, in the manner prescribed by the laws of the State of South Carolina and conforms to the laws thereof in all respects. IN WITNESS WHEREOF, I have hereunto set my signature, on September 27, 2021. TylkDolphin Attorn at Law, State of South Carolina 2 of 8 FILED: OSWEGO COUNTY CLERK 10/21/2021 01:54 PM INDEX NO. EFC-2020-1599 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/21/2021 FINGERHUT SCUSA RECEIVABLES EXHIBIT F BILL OF SALE OF ORIGINAL CREDITOR OR ACQUIRER (WEBBANK) FOR VALUE RECEIVED, and subject to the terms and conditions of the-Charged- Off Account Furchase Agreement (*Accomt Purchase Agremd") between WebBank ("Bank") and Bluestem Brands, inc., dated fanüâry 10, 2013, Bank does ligreby transfer, assign and convey to Sluestem Brands, Inc,, as of the date hereof aÚ right, title and interest of Bank in an.d to those certain Charged-Off Accounts described in Schedule 1 attaéhed hereto end made a part hereof for all puiposes. Terms. used herein shall have the nïeanings set forth in the Acc.ount Purchase Agreement. This BILL OF SALE is executed without recourse and without representation of any warranty oftollectability or otherwise,·expmseed or implied, Dated this 1 day of April, 2019. WEBBANK By: . Nam : Jon Sargent Title: Controller 3 of 8 FILED: OSWEGO COUNTY CLERK 10/21/2021 01:54 PM INDEX NO. EFC-2020-1599 & S NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/21/2021 STANDARDFHUT- SCUS A(Sherman) SCHEDULE 1 TO BILL OF SALE OF ORIGINAL CREDITOR ACCOUNTS SCHEDULE The is‡di.S Pumhased Ae:==ts tea½ are described in the final electronic files named SHER_FHTSCUSA-FHT_20190424_123438 and delivered by WebBank to Bluestem on or about April 19, 2019, the same deemed attached hereto by this reference. Page 13 4 of 8 FILED: OSWEGO COUNTY CLERK 10/21/2021 01:54 PM INDEX NO. EFC-2020-1599 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/21/2021 - FHUT- SCUSA STANDARD (Shermsa) EXHIBIT B ASSIGNMENT AND BILL OF SALE Bluestem Brands, Inc. (for itself and as agent for Santander Comumer USA Inc., collectively "§glleer") has entered into a Purchase Agreement ("Aareement") dated February 28 for the sale of accounts and associated receivables, described in Schedule 1 hereto ("Purchased Accounts"), to Sherman Originator III LLC ("Buyer") upon the terms and conditions set forth in that Agmet. This ASSIGNMENT AND BILL OF SALE is for the Purchased Accounts, as further described in Schedule I which is hemby included by reference, delivered by Seller to Buyer on April 25, 2019, with a Closing Date of April 25, 2019. NOW, THEREFORE, for good and valuable consideration, Seller hereby sells, assigns and transfers to Buyer all rights, title and interest in each and every one of the Purchased Accounts described in the Agreement. This ASSIGNMENT AND BILL OF SALE is executed without recourse or warranties except as stated and provided for herein and within the Agreement. All of the infemation contained in Seller's Accounts Information (a) constitutes Seller's own business records regarding the Purchased Accounts and (b) accurately reflects in all material respects the information about the Purchased Accounts in Seller's possession. All of Seller's Accounts Information has been kept in the regular course of Seller's business, And was made or compiled at or near the time of the event and recorded by (or from information transmitted by) a person (i) with knowledge of the data entered into and maintained in Seller's business records or (ii) $vho caused the data to be entered into and maintained in Seller's business records. It is the regular practice of Seller's business to maintain and compile such data. IN WITNESS WHEREOF, Seller has signed and delivered this instrument on the April 25, 2019. Seller: Bluestem Brands, Inc. 7075 Flying Cloud Dr Eden Prairie, MN 55344 By: Rick J. Winship SVP, Credit Operations, Credit.M t Santander Consumer USA Inc. By: Bluestem Brands, Inc., as agent By: Rick J. Winship SVP, Credit Operations, Credit Management Page 8 3 5 of FILED: OSWEGO COUNTY CLERK 10/21/2021 01:54 PM INDEX NO. EFC-2020-1599 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/21/2021 STANDARDFHUT- SCUSA (Shaman) SCHEDULE 1 TO ASSIGNMENT AND BILL OF SALE ACCOUNTS SCHEDULE The individual Purchased Accounts transferred are described in the final electronic files named SHER_FHTSCUSA_FHT_20190424_123438 and delivered by the Seller to Buyer on or about April 25, 2019, the same deemed attached hereto by this refue. h Page 4 6 of 8 FILED: OSWEGO COUNTY CLERK 10/21/2021 01:54 PM INDEX NO. EFC-2020-1599 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/21/2021 Transfer and Assignment Sherman Originator III LLC ("SOLLC III"), without recourse, to the extent permitted by applicable law, hereby transfers, sells, assigns, conveys, grants and delivers to Sherman Originator LLC ("SOLLC") all of its right, title and interest in and to the receivables and other assets (the "Assets") identified on Exhibit A, in the Receivable File dated April 25, 2019 delivered by Sañtâñder Consumer USA on April 25, 2019 for purchase by SOLLC III on April 25, 2019. The transfer of the Assets included electronically stored business records. SOLLC, subsequent to the above mentioned transfer, hereby transfers, sells, assigns, conveys, grants and delivers to LVNV Funding LLC ("LVNV"), the above mentioned Assets. The transfer of the Assets included electronically stored business records. Dated: April 25, 2019 Sherman Originator III LLC a Delaware Limited Liability C mpany By: N : Jon M Titl : Director Dated: April 25, 2019 Sherman Originator LLC a Delaware Limited Liability Company By: e: Jackson Walker itle: Authorized Representative Dated: April 25, 2019 LVNV Funding LLC a Delaware Limited Liability Company By Name: Daniel Picciano Title: Authorized Representative 7 of 8 FILED: OSWEGO COUNTY CLERK 10/21/2021 01:54 PM INDEX NO. EFC-2020-1599 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/21/2021 Exhibit A Receivables File 04.25.19 SHER_FHTSCUSA_FHT_20190424_123438 Transfer Group Portfolio Transfer Batch 585260 35286 N/A 8 of 8